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http://www.firstpost.com/living/ube...e-responsibility-for-your-safety-2434428.html

Somewhere along the way Uber has done a U-turn. And it does not augur well for the passenger.

Mid-day reports that in a 10 September update of its terms and conditions, Uber has issued, what is in effect, a statutory warning to anyone using the service.

"Uber does not guarantee the quality, suitability, safety or ability of third party providers. You agree that the entire risk arising out of your use of the services, and any service or good requested in connection therewith, remains solely with you."
 

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The poster is right, I'm sure. But I'm pretty sure they had some other type of third party disclaimer in there from the beginning in which they stated that they were strictly a 3rd party provider. I don't know how they get away with this stuff.
 

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Discussion Starter · #6 ·
I'm sure the article is mostly trying to stir FUD, I just found it amusing and wanted to share.
 

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"Uber does not guarantee the quality, suitability, safety or ability of third party providers. You agree that the entire risk arising out of your use of the services, and any service or good requested in connection therewith, remains solely with you."

My first take on this is Uber is admitting they do not know:
  1. How safely it's drivers drive.
  2. If the UBER background check missed anything.
In general it it's admitting failure in the business it should not be in . . . taxi cabs.

The Uber app could have been licensed to cab companies, rather than trying to get the general public involved in the taxi business.
 

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Thank you Michael - Cleveland, I was able to find the Australian rider agreement from that link:

https://www.uber.com/legal/aus/terms

uber legal user terms - australia Dec 2014.JPG




Here is an excerpt from the Australian rider agreement:


Indemnification

By accepting these User Terms and using the Application or Service, you agree that you shall defend, indemnify and hold Uber, its affiliates, its licensors, and each of their officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with:
  1. your violation or breach of any term of these User Terms or any applicable law or regulation, whether or not referenced herein;
  2. your violation of any rights of any third party, including Transportation Providers arranged via the Application, or
  3. your use or misuse of the Application or Service.

Point 2 is particularly interesting. It seems to be concerning a rider violating the rights of a driver, not the other way round. The agreement suggests that Uber will not be liable for any harm caused to the driver by the passenger. This is in spite of Uber arranging the passenger booking.

Could it be that all Uber drivers work under this proviso? I wonder how many Australian Uber drivers are aware of this indemnification?

I will see about posting this discovery in the Australian forum pages. Thank you for raising the topic andaas.
 

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Thank you Michael - Cleveland

Indemnification

By accepting these User Terms and using the Application or Service, you agree that you shall defend, indemnify and hold Uber, its affiliates, its licensors, and each of their officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with:
  1. your violation or breach of any term of these User Terms or any applicable law or regulation, whether or not referenced herein;
  2. your violation of any rights of any third party, including Transportation Providers arranged via the Application, or
  3. your use or misuse of the Application or Service.

Point 2 is particularly interesting. It seems to be concerning a rider violating the rights of a driver, not the other way round. The agreement suggests that Uber will not be liable for any harm caused to the driver by the passenger. This is in spite of Uber arranging the passenger booking.

Could it be that all Uber drivers work under this proviso? I wonder how many Australian Uber drivers are aware of this indemnification?
Keep in mind that a company can print any 'indemnification clauses' they want in their contracts, agreements and marketing materials. That in and of itself does not make them legal or binding. Different courts of jurisdiction (in the US, 'states') have different laws regarding indemnifications and limits of liability... and they couldn't care less what a contract says. If something is contrary to what is allowed by law, it is unenforceable.
 
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